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A Community by the River

Borough of Brielle, NJ


February 14, 2012

July 13 2012

February 14, 2012

BRIELLE PLANNING BOARD

TUESDAY, FEBRUARY 14, 2012

The Regular meeting of the BrieIle Planning Board was held on Tuesday, February 14 at 7:30 pm in the BrieIle Borough Hall, 601 Union Lane. After a moment of silent prayer and a salute to the flag, roll call was taken:
Present Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale
Absent John O'Donnell, James Stenson

Also present were Michael Rubino, Board Attorney, Claire Odud, Board Engineer for Alan Hilla, Jr. and Karen S. Brisben, Recording Secretary. There were 5 people in the audience.

Chairman Condon then called the meeting to order and declared a quorum. He announced that, in compliance with the Open Public Meetings Act, notice of this Body's meeting had been sent to the official newspapers of the Board fixing the time and place of all hearings.

The Minutes of the January 10, 2012 meeting were approved on a motion by Councilman Garruzzo, seconded by Mrs. Vitale and approved unanimously by voice vote, all aye.

CORRESPONDENCE:

The Board had all received two items of correspondence from Alternate Board Attorney Frank Accisano re: Greentree Investment Group. Also received was the December 2011 issue of The New Jersey Planner. On file in the Board office: Monmouth County 2011 Profile from the Monmouth County Planning Board.

OLD BUSINESS:

The Board then turned to the approval of a Resolution for Block 12, Lot 2.01, 609 Legg Place, owned by Michael & Amy Perry, to allow construction of a roof over an existing rear porch.
As all Board members, as well as the applicants, had received a draft copy of the Resolution and there were no changes or recommendations, the following was presented for approval:

"WHEREAS, Michael Perry and Amy Perry are the owners of premises known as Block 12, Lot 2.01 and commonly known as 609 Legg Place, and

WHEREAS, the Applicant has applied to the Zoning Board of Adjustment of the Borough of Brielle under NJ Rev. Stat. 40:55D-70(c) for a variance to permit the construction of a roof over an existing rear porch exceeding the building coverage requirements of the Brielle Borough Land Use Ordinance; and

WHEREAS, the Applicant gave notice pertaining to the public hearing to be held on said application in accordance with the Revised Statutes of the State of New Jersey; and

WHEREAS, pursuant to said notice a public hearing was conducted by the Board at the Municipal Building, 601 Union Lane on January 10, 2012; and

WHEREAS, the Applicants presented their testimony; and

WHEREAS, the Board considered all of the evidence and exhibits presented and the questions and comments of interested property owners, if any, and based thereon has made the following findings of fact and conclusions of law:
1. The subject property is located within the R-3 Zone as shown on the Zoning Map and the Zoning Ordinance of the Borough of Brielle and is owned by the Applicant.
2. There is an existing rear porch on the single family residence located on the property which the Applicants seek to cover with the construction of a roof. Under the terms of the Borough of Brielle Land Use Ordinance, building coverage in the subject zone is 20%. The Applicant proposed building coverage of 20.3% thereby necessitating the application for the variance.
3. The Board of Adjustment finds that the variance sought by the Applicants is de minimus and will result in an aesthetic improvement to the residence thus promoting a desirable visual environment.
4. The Board, therefore, finds the benefits of the deviation sought by the Applicants will substantially outweigh any detriment.
5. Further, the Board finds that the relief sought by the applicants can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan or the Zoning Ordinance of the Borough of Brielle and, therefore, the requested variance should be granted subject to the conditions hereinafter imposed.

NOW, THEREFORE, BE IT RESOLVED by the Borough of Brielle Zoning Board of Adjustment based upon the foregoing findings of fact and conclusions of law that the applicant's appeal as described herein is granted subject, however, to the following:

1.The porch over which the roof is to be constructed shall not be enclosed but shall remain open.
2. The Applicants shall comply with all requirements and conditions contained in the record of the proceedings in this matter, including the reports of BrieIle Borough agencies, Boards, Commissions and staff which have not been satisfied or specifically waived by the Board.
3. The Applicants shall pay any fees due to the Borough of BrieIle on account of the within application and taxes shall be current through the first quarter of 2012.
4. A notice of this decision shall be published in one of the official newspapers of the Municipality pursuant to N.J.S.A. 40:55D-10(i). Pursuant to N.J.S.A. 40:55D-10(g)(2) the within Resolution is a memorializing Resolution pertaining to action taken by the Board at its meeting of January 10, 2012.

BE IT FURTHER RESOLVED that a copy of this Resolution certified by the Secretary of the Board to be a true copy be forwarded to the Clerk of the Borough of BrieIle and within ten days of today's date, to the Applicant herein. Further, notice of the decision shall be published in accordance with the requirements of the Revised Statutes of the State of New Jersey."

A motion to approve the above Resolution was made by Councilman Garruzzo, seconded by Mrs. Vitale and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Terre Vitale
Noes: None
Not Eligible to Vote: James Harman, Tim Sigler

The Board then turned to the approval of a Resolution for Block 90, Lot 1 and Block 91, Lot 1, 843 Riverview Drive, Manasquan River Golf Club, to allow construction of a two-story addition to the existing clubhouse and a new patio.

As all Board members, as well as the applicants, had received a draft copy of the Resolution and there were no changes or recommendations, the following was presented for approval:

"WHEREAS, the Planning Board of the Borough of BrieIle, County of Monmouth, State of New Jersey has before it an application for Preliminary and Final Site Plan approval on behalf of Manasquan River Golf Club for premises known as 843 Riverview Drive, Bridle, NJ., said premises also known as Block 90, Lot 1 and Block 91, Lot 1 and said property being in the R-1 Zone and containing 139.7 acres, applicant asking for permission to construct an indoor dining area and outdoor patio area and also to modify the entry drive to accommodate a drop-off area and Charles Gilligan, P.E., of Gilligan Engineering prepared the Site Plan and the applicant being represented by Richard Haines, Esq., and the Board having held an open public hearing on the matter on January 10, 2012, and at that time listened to the testimony presented on behalf of applicant and of objectors, if any, and

WHEREAS, the Board has jurisdiction of the matter as a result of the applicable Ordinances of the Borough, adopted pursuant to the Municipal Land Use Law, Chapter 291, Law of 1975, as amended and supplemented, and the Board having considered the matter at a public hearing as set forth above, and the Board having made the following findings of fact:

1. The property in question is known as the Manasquan River Golf Club which is located on both the north and south side of Riverview Drive. The clubhouse section of the property is located on the north side of Riverview Drive and is located on property known as Block 90, Lot 1. The golf club has been in existence for many years and was renovated in the late 1990s and early 2000. The applicant proposes additional renovations to the property and specifically proposes to construct a two-story lateral addition to the existing clubhouse so as to create additional indoor dining area on the first floor and a second story outdoor deck and new patio adjacent to the single story addition which is generally on the southwest corner of the existing clubhouse structure and is adjacent to the primary access drive. The existing and proposed use of the property is conforming for the R-1 Zone and the existing and proposed structures are conforming for the R-1 Zone. This application is before the Board for preliminary and final site plan approval due to the size of the proposed addition.
2. As part of the application, the applicant is asking for waivers for the following:
(a) A complete survey of the property.
(b) Location of the individual utility structures on both the onsite and offsite.
(c) Location design of all street parking areas and internal circulation elements other than those being affected by the traffic patterns, parking space, aisles, driveways, curbing, barriers and wearing surface finished and construction.
In accordance with the comments by the Board Engineer, Al Hilla, Jr., in his letter of December 20, 2011, the Board finds that these waivers can be granted as they do not affect the decision to be rendered by the Board.
3. It should be noted that a variance for off-street parking is needed pursuant to Code Section 21-32:2. The Site Plan identifies the requirement for 280 parking spaces and 224 are provided. The Board is satisfied after listening to the testimony of the applicant that there is sufficient parking on site to handle most of the anticipated parking flows that might result as a result of the use of the club at certain times of the year. The club manager testified that the few times that this happens, the overflow parking ends up in the rear of the parking lot on areas that are actually part of the golf club. The Board is satisfied that there is presently sufficient parking at the site and does not require additional parking to be built.
4. It should also be noted that the manager of the golf club did testify and indicated that the dining and patio areas are being proposed to better take care of the existing numbers at the golf club and the existing use of the golf club were not intended to intensify the use for the number of weddings and outside events that might take place at the golf club. He also indicated that there is valet parking at the club on busier occasions, including weddings and other outside events, and is confident that the parking problems can be handled on site.
5. It should be noted that the architectural renderings that were submitted were prepared by Shore Pointe Architecture, P.A. dated October 19, 2011. It appears the applicant proposes to construct a two-story lateral addition to the existing club house to create additional indoor dining on the first floor and a second story outdoor deck and a new patio adjacent to the single story addition generally to the southwesterly corner of the existing clubhouse corner adjacent to the primacy access drive. The existing and proposed use of the property conforms with the R-1 Zone and the existing and proposed structures conform with the zone requirements of the R-1 Zone. Therefore, other than aforementioned variance for parking, no bulk variances are needed for this application.
6. In Mr. Hilla's aforementioned letter of December 20, 2011, he offered comments on inconsistencies between the engineering plan and the architectural plan that were submitted, with respect to the extent of the first floor of the outdoor terrace. At the hearing the architect and engineer agreed that the revisions would be submitted consistent with Mr. HiHa's comments and the plans will be revised accordingly and revised so that both plans will be satisfactory with Mr. Hilla.
7. In response to Mr. Hilla's comments concerning the location installation of the 900 gallon drywell to collect roof run-off, the applicant agreed to provide the necessary calculations and to revise its plan consistent with Mr. HiHa's comments and same shall be revised as a condition of this Resolution of approval to the satisfaction of Mr. HiIla. Also, in connection therewith, Mr. HiIla had a question with regard to the use of the drop-off area and the applicant indicated that the drop-off will be used primarily for members of the club.

NOW, THEREFORE, be it resolved by the Board that it adopts the aforesaid findings of fact, and based upon the aforesaid findings the Board concludes that the applicant has satisfied the following:

(a) The Board finds that by reason of an extraordinary and exceptional situation that uniquely affected the subject property and the structure which exists lawfully thereon the strict application of the aforementioned regulations would result in peculiar and exceptional practical difficulties to, or exception and undue hardship upon the applicant. It should be noted that the Board finds that the building pre-dates the site plan Ordinances of the Borough and that the building and structures at the site exist there lawfully.
(b) The applicant has demonstrated that the purposes of the Municipal Land Use Law and the Land Use Ordinances of the Borough of Brielle would be advanced by a deviation from the Zoning Ordinance requirements at issue, and further that the benefits of any such deviation would substantially outweigh any detriment resulting from a grant of the application.
(c) The Board finds that the relief can be granted without substantial detriment to the public good and that the relief will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinances of the Borough.

WHEREFORE, BE IT RESOLVED, that the Planning Board of the Borough of Brielle does hereby grant Preliminary and Final Site Plan and variance for parking as specified herein. The map cannot be signed until the following conditions are met:

General Conditions
1. Subject to the development here at issue being undertaken in accordance with the testimony presented to the Board and the plans submitted to/approved by the Board.
2. Subject to the testimony of all witnesses called on behalf of the applicant being true and accurate.
3. Subject to the application, all attachments thereto, and all exhibits offered by the applicant being accurate depictions of that which they purport to represent.
4. The applicant shall furnish proof that taxes have been paid through the current quarter and through the quarter in which he receives his initial construction permit.
5. Subject to the applicant paying in full all application fees, review fees, engineering and consulting fees, and escrows. Subject to the applicant posting required performance bonds and/or guarantees, as well as engineering and inspection fees, in amounts fixed by the Board and/or Borough Engineers, and in such form as shall be acceptable to the Borough Attorney and Governing Body.
6. Subject to the applicant obtaining and complying with the approval of any other reviewing agency having jurisdiction over the improvement of the property as proposed under this project, including but not limited to the Board of Health, the Borough Engineer, the Borough Fire Official, and any County, State or Federal agency; provided, however, that in the event that any other agency or authority shall require any changes in the plans herein approved, then any such changes must be submitted to this Board for review and approval. Further, it another governmental agency grants a waiver or variance of a resolution, which same affects this approval or any condition attached hereto, or otherwise requires any changes in the plans herein approved, then this matter shall be brought back before the Board for review of any such action, and the Board shall have the right to modify this approval and/or the conditions attached hereto.

SPECIFIC CONDITIONS
1. Compliance with Mr. Hilla's letter of December 20, 2011.

BE IT FURTHER RESOLVED that as the application for development proceeds, the Land Use Office of the Borough may, upon the request of the applicant and with the written advice of the Board Engineer, grant such changes as are necessary with respect to the approved site plan and improvements related thereto that are not substantial and the Board does hereby authorize the Land Use Officer with the advice of the Board Engineer to take such steps as are appropriate to protect the integrity of the Site Plan approval being herein conditionally granted and to insure compliance with the Borough of BrieIle Land Use and Development Ordinances and the Mt. Laurel requirements as well as compliance with the Borough Affordable Housing Trust Fund. Any substantial deviation in the opinion of the Engineer and/or Land Use Officer shall require a revised site plan application and plat to be submitted to this Board for its review and approval. Any non-substantial and/or minor changes permitted shall be placed upon a revised Preliminary Plat with same being signed and dated by the applicant and the applicant's Engineer, as well as the Board Engineer and Land Use Officer indicating the changes made with the original being filed with the Land Use Office and a copy filed with the Land Use Office and the Planning Board Secretary and the Borough/Board Engineer. It is to be understood that with respect to any minor changes and/or deviations approved by this procedure herein set forth that same not in any way extend any applicable time limits with
respect to final major subdivision approval that may exist according to law.

BE IT FURTHER RESOLVED that in the event the conditions set forth in this Site Plan Approval are not met by February 15, 2013, with the Site Plan having been executed by said date, then this application shall be listed on the Planning Board Agenda for the meeting of the following month for dismissal without prejudice unless the Applicant offers appropriate reasons for the delay, all of which may be considered at the discretion of the Board. It should be understood that this time limit, of an administrative nature herein, is not a representation or guaranty by the Planning Board as existing State Law may affect same and it continues to be the
Applicant's sole responsibility and obligation to comply with applicable law.

Further, this Board directs that the Land Use Office take whatever steps it may deem necessary to insure that restoration of this site to its original condition occurs if the developer is deemed by the Land Use Office to be in substantial non-compliance with the standards of performance and the conditions set forth in this Resolution of the Planning Board (and/or Borough Ordinances) and that steps also be taken as:may be deemed necessary by the Borough to place the responsibility of same financially and otherwise upon the Applicant and the principal involved as well as his heirs, successors and assigns."

The above Resolution was approved on a motion by Councilman Garruzzo, seconded by Mrs. Vitale, and by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Terre Vitale
Noes: None
Not Eligible to Vote: James Harman, Tim Sigler NEW BUSINESS:

The Board then turned to an application for Variance approval for Block 9.01, Lot 8, 305 Old Bridge Road, owned by Gatian Kaier (applicants Christopher and Gatian Height), to allow construction of an in-ground pool/paver patio/retaining walls/fencing and shed relocation. Maximum soil changes allowed less than 2 feet in height or 2% of lot area; requesting maximum of up to 2.5 feet and cutting of nearly 10% of lot area, variances required.

The fees and escrow were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. Christopher Height and Mr. William Voeltz, Professional Engineer & Planner came forward and were sworn in. As the Board was familiar with Mr. Voeltz, he was accepted as an expert witness.

Mr. Voeftz asked that the plan that was submitted to the Board be marked as Exhibit A-1 and this was done, this is an application to construct an in-ground pool in the rear yard. They are before the Board because the proposed retaining wall will be 2.9 feet high and violates the two foot fill requirement, they are also changing more than 2% soil. The rear yard is at about 20.5 feet elevation and the yard slopes up to 32-35 feet elevation; this has to be leveled out to get the pool in.

Mr. Voeltz then submitted a series of photos of the property and these were marked as Exhibit A-2, A-3, A-4 and A-5. Exhibit A-2 shows the front of the house, Exhibit A-3 shows behind the house and rear yard as well as a photo of the neighbor's pool to the northeast of this property. Exhibit A-4 shows the grade towards and house as well as Exhibit A-5. He said these photos show that the entire drainage is going down through the house to the street by a swale on the side of the lot. He also noted that the properties to the south and west are slighter higher than theirs. All water tends to sit behind the house and accumulates there and has become a problem so they want to put in a level patio to be even with the pool. This way water will be directed to the side of the house and out to the street. The elevation changes will include walls for the pool area, in steps.

Mr. Harman asked when the home was constructed and was told it was built as a modular and he purchased the home in 2005-06. Mr. Langenberger commented that, in this area, a lot of the larger lots have been subdivided off. Mrs. Vitale asked where the backwash from the pool will go and Mr. Height said they will have a cartridge system so there should be no backwash. Mr. Sigler had no questions at this time as well as Councilman Garruzzo who was agreeable for this application as long as there is no impact on the neighbors. Ms. Odud wanted something to be put in the Resolution on the drainage issue to safeguard all, she said the plan is fine but wanted to avoid future problems that may arise. Mr. Voeltz said there are existing swales here already that run down the side of the home.
At this time Chairman Condon opened the meeting to the public for questions and, as there were none, that portion was closed. He then opened it for general comments and, again, there were none so that portion was closed and the Board went into final discussion,

Mr. Harman said he would approve it with the property grading and felt it was a nice enhancement, Mr. Langenberger felt it was a good application; the rest of the Board agreed and had no further comments. Therefore, Mr. Harman made a motion to approve the application with drainage concerns being incorporated in the Resolution, this seconded by Councilman Garruzzo and approved by the following roll call vote: Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Tim Sigler, Terre Vitale
Noes: None

As there was no further business to come before the Board, a motion was made by Mayor Nicol to adjourn, this seconded by Councilman Garruzzo and approved unanimously by the Board, all aye. The meeting was adjourned at 7:52 pm.

Karen S. Brisben, Recording Secretary
Approved:

 

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